The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-04-23
MULCTED.
Of the Madras Case
Verdict for Plaintiffs.
The Hawaiian Government to Paw
Damages.

icaulhg OF the documentary evidence |
was concluded, after which the counsel
Tor plaintiffs introduced as witnesses
two Chinese, who testified to the cost
fe' cabifa Of feeding Chinese passen-
gers Of the class on board the Madras
Mr.. Swanzey Of the firm Of Theo. II.
Davies & Co, who testified to the de
livery Of water and coal on board the
vessel, and the payment made for
same; and Colonel Allen, formerly
Collector-General. Adjournment was
then had until afternoon.
On resuming, at p m, DR.. 1rous-
seau was placed on the stand, and gave
very strong and positive testimony re-
garding the vacillating which resulted in
the vessel not being admitted to quar-
antine.
Mr.. Whiting, for the defense, pre-
sented Hon. +. II. Hayselden, the
Secretary Of the Board Of Health, who
testified to the letters and conduct of
Captain Bradley, of the steamer; Police
Justice David Dayton, then Deputy
Marshal Of the Kingdom, who related
the overcrowded condition Of the Quar-
antine Station at the time Of the pres
ence Of the Madras Mr.. Harry Aud,
a Customs clerk, aud Captain Fuller,
Harbor-Master.
Previous to the introduction Of wit
nesses, the dispositions Of Messrs. John
Chapman Theo. II. Davies and we're
read.
AT a45 recess was taken, counsel
Of both sides stating that all available
testimony had been presented. On
resuming, Mr. w. A. Whiting argued
strongly in favor Of the interests of his
clients, the Government, and Hon. S.
B. Dole did likewise on behalf Of the
plaintiffs. After the arguments were
ended, Judge Mccully charged the
jury.
Judge MoCully began his charge to
the jury at AGO His Honor SAID that
the Madras had the same rights as
other British ships, Notwithstanding
that she had been ANONYMOUSLY called
tramp. That she arrived unan-
nounced did not affect her rights, as
there was large increase in the num-
Der Of passengers from China at that
time. The Court proceeded to in
struct the jury in response to requests
from counsel on both sides. While
the Hawaiian Government had the
right to refuse permission to any vessel
with contagious disease on board to
enter; yet the Madras had the right,
under the treaty with the United King
dem, to be admitted to quarantine.
The laws relating to the Board OF
Health, and the regulations of that
body, implied the right OF quarantine
to vessels. If the vessel violated the
Boards regulations, she was liable to
conhscation but there was no regula.
ton which said that a vessel, under
any circumstances, should have no
quarantine at all. His Honor referred
TO a former decision in this case--heard
first by the Chief Justice, and after
words, on appeal, by the full Court
lie agreed with Mr.. Whiting that the
decision, written by himself, must stand
upon the language by which it is rea
sonaby construed; but he would state
that what was meant in the part quoted
by counsel was that vessel could be
refused admission, but that prohibition
was not quarantine. The whole argu
ment OF defendant was "Shal it b,
said that any vessel with contagion OF
board shall be allowed to steam into
this port 2" "No,' was the Courts
answer; "but she is entitled to he
quarantine His Honor quoted furthe
from former decision as part of his in
structions, and SAID that the testlmon,
Of the por; physician and Of the agent 0
the Board Of Health was very positiv,
to show that the passengers might hav'
been landed in quarantine, and tn
' vessel permitted to continue on he
J voyage. The vessel herself did no
require quarantine, provided her pas
sengers were not kept aboard of hel
On the point Of unnecessary detention
Of the vessel, the Court held with tn
plaintiffs.
The time the vessel was detalne
I before quarantining was not quarantine
: She was more foul when she con
! menced quarantine than when she frs
. Arrived. She was compelled to kee
I. her passengers here because she coul
n not land them, and could not carr
r them anywhere else, According TO th
! regulations Of the Board of Health,
r. vessel with contagiousdisease on boar
!, should be admitted to quarantine o
. arrival Fifteen days detention woul
not be necessary for the vessel, pr'
yided she was admitted to quarantin
/